Friday, July 06, 2007

Rule 60 (b) is not a habeas petition

Zakrzewski v. McDonough, No. 06-12804
Denial of motion seeking post-judgment relief under rule 60(b), Fed. R. Civ. P., where motion was made on the ground that former habeas counsel perpetrated a fraud on the court, is vacated as petitioner's Rule 60(b) motion was not a second or successive habeas petition as construed by the district court

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